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22 Jud. Rev. 1 (2017)

handle is hein.journals/judire22 and id is 1 raw text is: 


JUDICIAL REVIEW, 2017
VOL. 22, NO. 1, 1-7                                                      R
https://doi.org/10.1080/10854681.2017.1307560                            Taylor & Francis Group



Back   to  Basics:   The   Administrative Court Judicial Review Guide
2016
Celia Rooney
Barrister, Blackstone Chambers



1. Last year, the Administrative Court published  the Judicial Review Guide  2016  (the
   Guide). The Guide  brings together  the relevant statutory provisions, rules of pro-
   cedure,  practice directions and  case  law on  the  procedural  aspects  of judicial
   review. In doing  so, it provides all court users (whether  or not  legally qualified)
   with an  accessible, centralised reference point - in essence, a first point of call -
   for procedural issues in cases of judicial review.

2. Despite this, while there is extensive academic literature on the topic of judicial review
   generally, little has been said on the Guide itself. After briefly considering the Guide's
   status, intended audience and aims, this article outlines its main provisions. It particu-
   lar, it aims to highlight issues that may be of interest to practitioners in this field.



The  basics: status, audience  and  purpose

3. As noted above, the Guide  is a useful starting point for court users. Indeed, in its fore-
   word, the Right Honourable   Sir Brian Leveson describes the Guide as an invaluable
   roadmap  to practice and procedure  in the Administrative Court.

4. However,  its authors are explicitly clear that it is not a standalone document. Instead, it
   must  be read in conjunction with the relevant provisions of the Civil Procedure Rules
   (CPR), including Pt 54 thereof, as well as the supporting Practice Directions.

5. The Guide itself does not have the force of law. While court-specific guidance can clarify
   the interpretation and application of the CPR and Practice Directions, filling in any gaps,
   it cannot go as far as to vary the rules in question. This is clear from cases such as Bovale
   Ltd v Communities and  Local Government Secretary [2009] EWCA  Civ 171, [2009] 1 WLR
   2274 at [36], where Waller J and Dyson U  stated that:
       We accept that one object of the practice directions which supplement the CPR is to
       provide guidance to litigants but they also contain directions as to the procedure that
       should be followed. The nature of the guides is, or should be, different. They do not,


0 2017 Informa UK Limited, trading as Taylor & Francis Group

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